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  Worcester Diocese Seeks Dismissal of Clergy Abuse Suits

The Associated Press, carried in Telegram & Gazette [Worcester MA]
December 7, 2004

Lawyers for the Worcester Diocese have asked a judge to dismiss or limit clergy sexual abuse lawsuits filed against the diocese by a dozen men who claimed they were molested by priests.

Joanne Goulka, a lawyer for the diocese, cited First Amendment protections of religion and a 1971 state law that had limited the amount of liability that charitable institutions could face to $20,000.

Carmen Durso who represents some of the plaintiffs, argued that First Amendment protections should not apply to allegations that the church was negligent in its supervision of clergy.

"We're talking about acts, not beliefs, and we're talking about the rights of children," Durso told Superior Court Judge Jeffrey A. Locke at a hearing Monday.

Similar arguments were raised by the Boston Archdiocese but were never invoked in its $85 million settlement with 500 victims of clergy sex abuse. As part of the deal, the archdiocese dropped its argument that the amount of money paid to the victims should be limited.

Lawyers who represented the plaintiffs hard argued that the church should not be allowed to limit the size of the payouts because the abuse of children and shifting priests from parish to parish was not part of its charitable function.

Locke did not issue an immediate decision.

 
 

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